Exploring the Fourth Tenet: Civil Liberties and Civil Rights in the American Government

Abstract

[Name] [University] 18/09/2022 Fourth Foundation Tenet of the American Government: Civil Liberties and Civil Rights Introduction American Constitution offers American protection over many rights and privileges. Civil rights and civil liberties are among the major privileges entitled to Americans as stipulated by the Constitution. However, it is imperative to understand that though civil liberties and civil rights jointly form the fourth tenet of the American national government, they differ significantly. One can relate the success of civil rights movements to the recognition and respect for civil rights in America. To this effect, one can argue that civil rights as enforceable privileges or rights that interfere with calls for action. They are legal provisions that stem from the notion of equality. On the other hand, civil liberties are personal freedoms protected by the American Constitution and the Bill of Rights. The Bill of Rights offers protection of civil liberties from unnecessary government intrusion to allow Americans to live their lives to the fullest without fear of government harassment. One can conclude that civil rights are not in the Bill of Rights as they deal with legal protection, while civil liberties are the personal freedoms included in the Bill of Rights. Civil liberties are rights or privileges guaranteed to Americans by the Constitution and court-made laws or legislations (Tsesis, 2011). Liberties are included in the Bill of Rights and the first ten Amendments in the American Constitution, including freedom of speech, right to bear arms, and right to privacy. The protections from the Bill of Rights and the Constitution allow Americans to speak without fear against the government, organize a protest if need be, express personal opinions, and enjoy the freedom of religion without any fear. Looking back to the origin of civil liberties, one can argue that England significantly introduced civil liberties currently enjoyed by many Americans. In the early 17th century, England established something similar to the American Bill of Rights. It included liberties like the right to bear arms and free speech, though British thinking and rule replaced it after the establishment of the 13 colonies. In the mid-18th century, during the declaration of independence from Britain, the need to protect personal rights remained a priority; thus, the Constitution farmers incorporated civil liberties into the Bills of Rights (Tsesis, 2011). Though the Bill of Rights remained a belief that had no legal backing, Marbury v. Madison case in the early 19th century gave the United States Supreme Court power to strike down unconstitutional legislation (Bokhary, 2020). It is a power that gave light to the great protection of civil liberties with the ratification of the Fourteenth Amendment within the same era strengthening the protections of civil liberties. For this reason, it is good to note that though the declaration of independence formed a strong base of origin for civil liberties and civil rights, liberties entail unrestricted or biased access. In contrast, rights entail freedom from inequality based on specific characteristics. What are these civil rights? Unlike civil liberties, which protect against government actions, civil rights entail positive government actions to enhance equality for all Americans. It is a term that closely connects with protecting minorities in America whose experiences with racial discrimination are not news. Therefore, civil rights emphasize the...